Equitable distribution exceptions - Marital residence

Are there any exceptions to splitting assets equally? If so what would those be?

I offered to sign off on the house in exchange for not going to court, we went to court. I agreed to split the house if we could settle, we didn’t settle. If the Judge rules in my favor would it be reasonable to ask for the house? Would me receiving primary custody effect that?

There are factors that can sway the distribution of the marital estate so that it is unequal in the favor of one party.

You can see the full list of the statutory equitable distribution factors in our article Is the division of property always fifty-fifty? What factors are considered in an unequal distribution of property?.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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